Bhagwandas v. State - 1972 Supreme(Online)(MP) 5

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1972 Supreme(Online)(MP) 5

MADHYA PRADESH HIGH COURT
N/A, N/A
Bhagwandas v. State

Advocates:
For the Appellants/Petitioners: N/A
For the Respondents: N/A

Table of Content
1. purpose and provisions of the act are outlined. (Para 1 , 2 , 3 , 4)
2. court's observations on legislative delegation. (Para 5 , 6)
3. challenges against tax impositions and delegation. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13)
4. final determination on act's validity and outcome of petitions. (Para 14 , 15)

1. This order will also govern the disposal of Miscellaneous Petition No.618 of 1970.

2. These are two petitions under Art.226 of the Constitution challenging the validity of the Madhya Pradesh Nirashriton Ki Sahayata Adhiniyam, 1970 (M.P. Act No.12 of 1970, hereinafter called the Act). Several grounds have been taken for attacking individual provisions of the Act, but the general attack against the Act is that the State Government has no power to pass any legislation on the subject of providing for the helpless Individual provisions of the Act are challenged either upon the ground that the State Legislature has delegated uncontrolled power to the executive and the delegation is invalid or on the ground that the provisions infringe the equality clause under Art.14 of the Constitution.

3. Before dealing with the individual provisions and the grounds on which they have